high ground level problem with neighbouring new build house

[cjm123]

I’d put a claim in against the builder personally and get a party wall surveyor out as an independent mediator.

good luck

If you don't mind, how would I go about making a claim against the builder? Via a solicitor?

 

[wessex101]

I am going to speak to the neighbour soon, and I am also pursuing the builder (through their surveyor) as it seems to me they have not done what they said they were going to do according to the party wall agreement (I read it as showing that the final ground level should be level with my floor level). The previous property which was knocked down was further away and there was a empty patch between our properties with a lower ground level.

My question is, what resolution would be suitable? Is some sort of French drain or soakaway or other drain appropriate, with coarse aggregate above? Or is the only solution lowering the ground level. Would the whole patio need to be lowered or just the current gravel/sand trench? Water currently runs off the patio into the gravel/sand when it rains.

Thanks. The party wall surveyor who acted for me on the original agreement seems seems to think that all that needs so happen is the gravel layer should go deeper so that it is below my DPC. It's not even very coarse gravel! Maybe time to find a new surveyor.

It seems to me that the work by the building owner at the time (neighbour or original house builder) has not been done in accordance with the party wall award which has caused damage to your property and you are therefore now in dispute. Technically there is no cut off date to raise a dispute.

It is not the role of your party wall surveyor to design the remedial works. His job is to liaise with the building owner's surveyor and agree a suitable solution.

In my opinion simply replacing the existing gravel french drain with more gravel will not be a long term solution. The gravel will naturally get clogged up with leaf litter, debris and soil and will lead to the penetrating damp recurring. If the party wall award stated adjoining ground level should not be above your floor level then that is what needs to happen. The only other option I would consider is a full internal tanking system to your property but that will be very expensive and very very disruptive for you.

Unfortunately you cannot replace your party wall surveyor but if you drop a subtle hint that you will be seeking compensation from him personally if it is not resolved that might get his attention.

 

[PropRepairAdvice]

Make a compliant to the building firm.

They should have public liability insurance, which covers damaged to private property.

Find out who they are insured with and contact them to make a claim.

If there’s proof of damage to your property as a result of poor workmanship then you should have a valid claim.

also no win no fee solicitors.

I’ve not had experience of this process so I wouldn’t know how it could pan out.

 

[cjm123]

It seems to me that the work by the building owner at the time (neighbour or original house builder) has not been done in accordance with the party wall award which has caused damage to your property and you are therefore now in dispute. Technically there is no cut off date to raise a dispute.

It is not the role of your party wall surveyor to design the remedial works. His job is to liaise with the building owner's surveyor and agree a suitable solution.

In my opinion simply replacing the existing gravel french drain with more gravel will not be a long term solution. The gravel will naturally get clogged up with leaf litter, debris and soil and will lead to the penetrating damp recurring. If the party wall award stated adjoining ground level should not be above your floor level then that is what needs to happen. The only other option I would consider is a full internal tanking system to your property but that will be very expensive and very very disruptive for you.

Unfortunately you cannot replace your party wall surveyor but if you drop a subtle hint that you will be seeking compensation from him personally if it is not resolved that might get his attention.

It may not be up to my surveyor to design the remedial works but of the 3 parties involved (him, builder or current owner, their surveyor) he is the only one representing my interest so it's discouraging that he thinks deeper gravel is a solution.

I agree that in an ideal world the solution would be that shown on on the party wall award. However I think the entire property has been built at a higher level and it's obviously not realistic to change that. Hopefully the patio can be lowered by I don't see this suggestion coming from the builder/new owner or their surveyor, and so unless mine changes his tune I don't see this happening.

 

[cjm123]

Make a compliant to the building firm.

They should have public liability insurance, which covers damaged to private property.

Find out who they are insured with and contact them to make a claim.

If there’s proof of damage to your property as a result of poor workmanship then you should have a valid claim.

also no win no fee solicitors.

I’ve not had experience of this process so I wouldn’t know how it could pan out.

Thanks for the suggestions. The neighbour is going to contact the builder and say it needs to be rectified in some way. Luckily they are on board so far.

I don't think I can conclusively prove that the high ground level is directly causing the damp, not least because of the problems with my render which already breaches my DPC and also because I have greater problems upstairs where water is clearly behind the old render. It's more that the high ground level is clearly one possible source of the rising damp I have downstairs and therefore it would be prudent to remove it.